hello, i'm wolf blitzer, it's 1:00 p.m. in washington, 6:00 p.m. in london, 7:00 p.m. in budapest. wherever you're watching from around the world, thanks very much for joining us. we're following two major political stories developing this hour right here in the united states. up first, republican presidential candidates, they rally around a kentucky clerk jailed for refusing to issue same-sex marriage licenses. the texas senator ted cruz expected to speak any moment now outside the jail where the clerk, kim davis, is being held. we'll bring you the senator's remarks live. stand by for that. besides senator cruz, the former arkansas governor and current presidential candidate mike huckabee visits davis and holds a rally protesting her arrest at the same time. the other major political story we're following, hillary clinton as her worst showing yet in a major national poll. new results just released show

her lead shrinking and vice president joe biden numbers rising. he's above 20% for the first time. we'll break down the numbers for you. the vice president hasn't said whether he's running for president or not, but he's making head way against hillary clinton, that according to this brand new monmouth university poll. 42% of democrats and democratic-leaning voters back hillary clinton, that's down from 45% in a different poll late last month. it's hillary clinton's worst showing in a major national poll. vice president joe biden has climbed to 22% followed by bernie sanders at 20%. our senior washington correspondent jeff zeleny is joining us live. jeff, what do you make of the new numbers? >> wolf, i think democrats are getting the opportunity to think, wow, we may have a choice in this election so they are exercising that choice. they've seen so much choice on the republican side and up until now it didn't look like the race would be so competitive. wolf, this race is going to be very competitive.

it tells us a couple things. for joe biden the spotlight has been kind to him. over the last month or six weeks or so most all of the news coverage, most all of the attention has been very positive. yipg of a time when he's gotten so much of attention when he was picked as the vice president in the summer of 2008. the reality is -- and he knows this as well as anyone -- the minute he declares, the minute he jumps in that coverage changes, he would be treated like a candidate. he would own every bit of the obama administration's record over the last six and a half years, seven years in office here. so it's good for him at the moment. for hillary clinton it shows he's taking support from her lane. no question about it. those are the same voters, his supporters are coming from her column. >> it's interesting because if you look at this monmouth university poll -- and i've studied it -- in august when the same poll came out hillary clinton was in 52%, now down 42%, biden who hasn't announced

anything, he's at 12%, now he's at 22 the. and bernie sanders has gone from 16% to 20%. so obviously her numbers are going down right now. that must be a source of some concern to those who support her. >> sure it's a source of concern at some point, but you also have to look beyond these numbers a bit and wolf democrats still like hillary clinton. her favorability ratings are still higher than any candidate or most candidates could dream for so they may be looking around, they may say, hey, we like joe biden right now the but i think the thing that is worrisome is more on the bernie sanders side of things. i was in iowa and talked to so many voters, i can tell you the bernie sanders voters are not anti-hillary clinton, they're pro-sanders. that's a problem for hillary clinton. >> stand by because we'll get back to the u.s. race for the white house in a moment but there's breaking news we're

following out of grayson, kentucky. the case of the kentucky clerk kim davis who's been jailed for refusing to sign marriage certificates for same-sex couples. let's go to martin savidge on the scene for us. what's going on? >> wolf, according to the legal team that represents kim davis -- and i've just been speaking to the chief legal advisor -- he says that the judge in this case, that's david bunting, the federal judge that ordered her to be held has now ordered her to be released. again, kim davis has been told she is going to be released from this facility according to her attorneys the judge told them through an order he was satisfied that the judge's order was being complied with. that being, of course, that marriage licenses are being disseminated in rowan county. the problem here is that the attorney says she has not changed her mind.

that she is adamant as long as her name appeals on those licenses she will attempt to stop those licenses from being distributed which means if she goes back on the job as is expected she will bring the process to a halt. that's what her attorneys believe and they have said that they expect her to go by her conscience, which means we may go through this all again. but the headline is kim davis has been ordered freed from this facility, wolf? >> presumably, martin, she'll go back to work as the clerk there who's in charge of signing and issuing these marriage certificates. >> correct. that's what the attorneys are finding a problem here be s because in many ways this is not a resolution. i said do you feel this is a victory? have you won something here? they said no they were confused by the judge's ruling because it doesn't resolve what we know, what they know was the original problem the clerk had which was her name. she was religiously opposed to

having her name appear on same-sex marriage licenses. so they still anticipate she is going to walk out of this facility, whether it would be in five minutes or five hours but what happens after that when she shows up back on the job the anybody's guess but it's looking like it could be repeated once more. wolf? >> ted cruz is down there, mike huckabee is down there, two republican presidential candidates expressing their support for kim davis. we'll see what's going on. let us know when you get more information. we'll report it to our viewers. let's get analysis of what's going on in kentucky right now. joining us are cnn political commentator, the democratic strategist donna brazile. also joining us, michele bachmann, the former republican presidential candidate, former u.s. congress bomb from the state of minnesota. what's your reaction to the release of kim davis, first of all? she was in jail for refusing to sign these marriage certificates. now she's out, we don't know

what happens next. >> well, i take no joy in anybody being jailed for their so-called religious belief but i also take no joy in people lining up day after day to get their marriage license. if she objects to this, she should step aside and allow other clerks, i believe there are five other clerks, including her son, that would like to issue those licenses. so it's clear the judge has decided it's time for ms. davis to go home. if she goes back to work -- if she can not do that from her conscience point of view perhaps she can allow the other clerks to do so. >> michele, what's your reaction? >> i think it shows a victory for people who went to the polls in state after state after state and voted on putting the definition of marriage in their state constitutions and all of the collective voices of people across the united states who believed in marriage as one man, one woman, was swept away by five voices on the united states supreme court. that's what's at issue here, judicial activism and this story isn't over. >> but isn't the supreme court decision supposed to be the law

of the land after they interpret what the law is? >> well, the law of the land is what congress and the president and the people's voices are and the state. we have a real perversion now where the supreme court has made itself a superlegislature in contravention of the constitution. >> equal justice under the law is inspired not just in our constitution under the 14th amendment but the dignity of those who have been standing in line waiting to have that moment when they want their licenses. that should supersede anyone's religious conscience. i understand the importance of religion, i'm a practicing catholic, i understand why it was enshrined in the bill of rights but the constitution is very clear and the judges 5-4 -- look, i don't like the supreme court all the time, i think they act like supremes. but this is the law: >> because the supreme court did rule in a 45 decision that the 14th amendment to the prosecution provides equal protection to all american citizens and that two men if they want to get married, two women, they deserve the same equal rights as all american

citizens. >> the 14th amendment was about the conclusion of the civil war and it was about the issue of the states and the rights of african-americans, it was not about marriage and so once again we're seeing a puff of smoke being blown into a new right by five justices on the supreme court. >> but you don't accept that the supreme court is the final arbitor interpreting what the law of the land is? >> i think what we've seen is a perversion of the rights of the american people. their rights are being undermind in our system of federalism. it's a serious issue. very serious issue we need to expect the dignity and rights of every american citizen under the law. >> not to respect the supreme court. >> it must remain under its limits as enumerated in article iii of the constitution. clearly they have broken well beyond and ascribed to them the rights of congress which i was a member of under article i. >> miss davis took an oath also.

she swore to uphold the constitution of the united states. the supreme court affirmed that in the recent case so i see no contradiction here. miss davis, if she can not do this out of her conscience she should step aside, let the other five clerks do their job i take no joy in anybody being thrown in jail but i believe she should uphold the law, if not step aside. >> we can't allow -- >> hold on, i want to go back to martin savidge on the scene for us in kentucky over there. yo r you getting reaction so far to this decision by the judge to let her go free? >> no, there's been no reaction because most people here do not know that that has been given. there's been no announcement that has been made on the podium here. everyone still waiting for mike huckabee to show up and ted cruz as well. so far this crowd crowd has no knowledge that the person many of them are here to support and see get freed has by a judge's order been freed.

that's one of the fascinating things to watch here. word will circulate but it's very much right now even the attorneys are in a confused state to understand how this will happen and as we've already mentioned how long will it last. the other thing to be pointed out is that these attorneys filed five separate filings to the u.s. supreme coucircuit cou appeals. so a lot is up in the air but one thing is certain, this crowd doesn't know the news we know. >> we're showing our viewers a live picture from grayson, kentucky. we anticipate kim davis will walk out that door. we'll show it to our viewers once it happens but let's take a quick break, much more on the breaking news right after this. why do so many people choose aleve?

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. we're following the breaking news out of kentucky. a judge has released the clerk who was supposed to be issuing marriage licenses, released her after spending several days in jail for refusing to sign marriage certificates for same-sex couples who wanted to get married in the state of kentucky. this is after the united states supreme court ruled that same-sex marriage is legal in all 50 states of the united states. martin savidge is on the scene for us. martin, this is the same judge, judge david bunting, who initially put her in jail for refusing to sign those marriage certificate certificates now he's issued an order explaining why. why is that? >> well, i don't have the papers in front of me but he said the judge is satisfied his order is being complied with, of course,

that marriage licenses are being disseminated and marriage license is granted to all people who ask for them which is something kim davis was not wanting to do. remember, all of this was started as a result of four lawsuits that were brought and that's why judge bunning heard the case and issued a contempt order and it appears maybe the judge is somehow reviewing whether marriage licenses went to those four people. in either way, according to the attorney he says the judge is satisfied but here's the problem, the judge didn't say anything else beyond that we know from talking to the attorney of kim davis she hasn't changed her mind. so when she walks out the door she will be free but the moment she returns to work and issues licenses or stops the issuance of licenses with her name on them the moment she could once again run afoul of this judge. >> martin, i just received the judge's order.

it goes beyond the what the attorneys for kim davis were saying and let me summarize what the judge wrote in his text of order, as it's called. he released her, he says, because marriage certificates are now being granted in this county in kentucky five of her six deputy clerks stated under oath they would comply with the court's order and issue marriage licenses to all legally eligible couples and that obviously includes same-sex couples. the judge also goes on to say that defendant davis shall be released from the custody of the u.s. marshal, she shall not interfere directly or indirectly with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couple couples he is restricted from doing what she had been doing before, restricting these marriage licenses. jeffrey toobin is on the phone. jeffrey, have you had a chance to go through the judge's written statement explaining why he released her? >> i'm working on it as we speak

but i think the rationale is very clear. it's important to remember that contempt of court -- which is why she was incarcerated, is not punishment, it's meant to force certain behavior anded in this case it was meant to force this county to grant marriage licenses to same-sex couples. the judge is satisfied that these couples will be able to get their licenses so there's no reason to hold her in contempt anymore so the -- the purpose of the contempt has been satisfied apparently and as long as everyone can be allowed to be married in this county she will be able to stay out of prison -- jail. >> because it does specifically say, you're right, the court is therefore satisfied that the rowan county clerk's office is fulfilling its obligation to issue marriage licenses to all legally eligible couples

consistent with the u.s. supreme court's holding in oeberg fall and this court's order for these reasons the courts prior contempt sanction against defendant davis is hereby lifted. it does say she shall not interfere with her deputies who are issuing marriage certificates. if she does interfere, what happens next? >> she could be held in contempt again because the judge, quite properly, has been focused simply on the end results which are same-sex couples being allowed to be married in this county? if the answer is yes then there is no reason to hold her in contempt but if she comes out of jail and intertiers with this process there could be another contempt proceeding and she could wind up in jail very quickly. >> he also says he will ask for what he calls a status report every 14 days to make sure the

court's orders are being complied with. let me bring paul callan into this conversation, another one of our legal analysts. pall, what do you make of this decision by the judge to go ahead and release kim davis? >> i think the judge is looking at a situation where you have -- he's worried about the free exercise of religion concept and the public maybe not understanding the constitutional rule he had to deal with and i think he's trying to offer her a way out of the box she's put herself in but i agree with jeff completely. if she goes back to that office and does exactly, by the way, what she said before she was going to do and this is not allow marriage certificates to be issued to gay couples because -- remember, her public statements have been that these certificates are issued under her authority and she was not going to permit it. now if she returns to that conduct she'll be marched right

back into a federal prison, i believe, to serve out a contempt sentence until she come price. >> and the judge's report also state, paul, that the plaintiffs in this particular case, the same-sex couples who wanted to receive the marriage licenses, they have received the licenses from some other deputy clerk so as a result he could release her from jail. that makes legal sense, right? >> it does make legal sense but what's going to be very interesting is what happens tomorrow or later this week when undoubtedly another gay couple comes into the office. is she going to authorize a subordinate to sign a marriage certificate or is she going to hold to her principles and say no such certificate will beish sflud this office until kentucky changes its law. if that's the case, i think she might be standing before the judge again. >> and if that happens, basically her options, paul, and i want to take a quick break because we're waiting for her to

walk out of that jail over there, we have cameras all over the police, but basically her options are to live with her religious convictions and not sign these marriage certificates and not allow any of her deputies to sign these marriage certificates or to resign from that position and move on, is that right? >> yes, i think that is absolutely correct and we -- the u.s. supports religious diversity of views. but public officials have to abide by the constitution of the united states. that's the one thing that we of all religions agree to and to the extent that she obstructs the constitution as interpreted by the supreme court she can be held in contempt of court. >> all right, stand by, we'll stay on top of the breaking news, much more right after this. i brought in some protein to help rearrange the fridge and get us energized! i'm new ensure active high protein. i help you recharge with nutritious energy and strength to keep you active.

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had me off my game. not this time. not with xarelto®. i'll have another arnold palmer. make mine a kevin nealon. really, brian? hey, safety first. like all blood thinners, don't stop taking xarelto® without talking to your doctor, as this may increase your risk of a blood clot or stroke. while taking, you may bruise more easily and it may take longer for bleeding to stop. xarelto® may increase your risk of bleeding if you take certain medicines. xarelto® can cause serious, and in rare cases, fatal bleeding. get help right away for unexpected bleeding, unusual bruising, or tingling. if you have had spinal anesthesia while on xarelto®, watch for back pain or any nerve or muscle related signs or symptoms. do not take xarelto® if you have an artificial heart valve or abnormal bleeding. tell your doctor before all planned medical or dental procedures. before starting xarelto®, tell your doctor about any kidney, liver, or bleeding problems. xarelto® has been prescribed more than 11 million times in the u.s. and that number's growing. like your guys' scores. with xarelto® there is no regular blood monitoring, and no known dietary restrictions. treatment with xarelto® was the right move for us.

ask your doctor about xarelto®. we're following breaking news out of kentucky. you see live pictures coming in in the left part of your screen.

that's the door we anticipate that kim davis, the 49-year-old county clerk who was supposed to be signing marriage certificates there but refusing to sign marriage certificates for gults, she has been ordered released by the judge who put her in jail to begin with, judge david bunning, saying some of her deputies -- five or six of her deputies are signing those certificates issuing same-sex marriage certificates and as a result the law is being honored. he is warning, though, his n his order to her not to interfere in any way directly or indirectly with the efforts of her clerks to issue marriage licenses to all legally eligible couples now that she has been released. we'll see if she speaks when she walk out of that door. i want to go back to martin savidge. martin, are folks hearing the words she's about to be released? >> it's trickled through. i had a very brief conversation with kim davis' aunt and her

cousin, they're aware of the news but they don't know any more besides that. they said she has not changed her mind one bit so everyone who has heard this news realizes this isn't the end of this saga. i should tell you what's going on is that mike huckabee, the man on the republican side that organized this rally, is trying to get into the jail because it was his intention to have a meeting inside of her cell with kim davis. now enough ironic situation where she may be released as he's going in so there is a lot of chaos both legally and politically as they try to organize this event. most people are standing around trying to understand what happens next. >> we'll see when she walks out that door if she does say anything. if she gives any indication that the judges order she not interfere any way directly or indirectly the efforts of her clerks to issue marriage licenses to all legally eligible

couples, including same-sex couples. joey jackson is one of our hln legal analysts joining us right now. have you had a chance, joey, to read this judges order and if you have what do you make of them? >> here's what i make, wolf. the reality is this, we're a society that engages in two principles and no matter if you're democrat or republican, no matter who you are, where you stand, the color you are, society only works if number one we accept that no individual is above an office they hold and in holding an office you swear to uphold the constitution of the united states of america, the individual state where you're from any any other ordnances or directives that are there. that's the first principle. number two, we only work as a society if we have uniformity in the principles of government and law. we each have individual decision s everyone is to be respected but we're not talking about someone in their individual capacity, we're talking about someone who's presiding in an

office. that office has a directive and that directive comes from the supreme court of the united states which is the highest court there can be. in light of that you do as you need to do otherwise, you suffer the consequence and that's the essence. >> her supporters are standing outside. we anticipate she will be walking through the door shortly. she's been ordered freed, at least for now by this local judge who says she can go free provided by she doesn't interfere with the issuing of marriage licenses for let's take another quick break. watch what's going on right after this. h after month. year after year. then one night, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again. why pay for insurance if you have to pay even more for using it? if you have liberty mutual deductible fund™, you could pay no deductible at all.

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the county clerk who refused to issue same-sex marriage licenses was jailed for contempt of court. she's about to be released. you see her supporters there have gathered to hear from two republican presidential candidates, ted cruz and mike huckabee, bhoet are expressing their support for kim davis, this 49-year-old clerk who refused to issue these same-sex marriage licenses. the judge in this particular case, judge david bunning was sent to jail for contempt of court and says the county is issuing same-sex marriage certificate certificates. as a result she can. she can refuse to obey. we'll see what happens.

we'll hear what ted cruz and mike huckabee have to say as well. today the crush of refugees in europe, epic proportions, words almost don't do justice because the pictures are so powerful. hundreds of migrants broke free on the hungary serbia border. police chased them. this refugee crisis has many people wondering if the united

states is doing enough to help resolve the situation. let's talk about this and more with state department spokesman john kerby. john, thanks very much for joining us i want to begin with the white house statement on the syrian refugee crisis and i'll read it to our viewers. the administration actively considering a range of approaches to be more responsive to the global refugee crisis, including with regard to the refugee resettlement, we are also in regular contact with countries in the middle east and europe who have been greatly impacted by the increased refugee flow. so where does the u.s. stand on what's going on? how many refugees do you anticipate the u.s. is getting ready to take in? >> well, we don't have an exact number to give you today, wolf, but i can tell you that we are certainly looking at a range of options and i think it's reasonable to expect that resettlement here in the united states is one of those options we're looking at and, again, how many that will be over what period of time i don't think those kinds of decisions have been made yet as we brought in about 1500 since the beginning

of this conflict, 1300 of those just since january of this year. it's something we're constantly looking at. i would remind you that the united states remains the largest donor to this crisis with over $4 billion to deal with in the the region. >> because this crisis has been going on for four years now. 300,000 people have died in the civil war in syria and there have been several million people displaced internally and externally. the pictures in europe, they're so dramatic it will put pressure on the u.s. to accept more of these refugees. >> well, again, we'll look at all options here and resettlement is one of those things. i would also tell you secretary kerry at the state department were very much focused only this. the secretary spoke on the morning staff meeting about this very issue wanting ideas, fresh thinking here at the state department. he stood up a working group to go after this problem and come

up with options he can pursue. he spoke his german counterpart about this issue, thanked them for the leadership they're showing. we're grateful to the e.u. and we're grateful for individual nations like germany who are trying to deal with the influx of refugees. >> you ref to them as refugees not migrants because there's been some debate as to whether they're migrants or refugees. the u.s. government says these are refugees. >> well, we're using refugees because typically you're talking about somebody fleeing from fear. fleeing from conflict. that's what we're seeing largely with this. it doesn't mean some of them may not seek permanent resettlement somewhere but in terms of this particular crisis the civil war in syria, these are refugees from that conflict. and it's not just syria, as you noted, wolf, and you've reported, they're seeing many people coming out of other nations in the region to include

escaping the conflict. >> i spoke with republican peter king of new york, a member of the house homeland security committee, he suggested that there is some fear that some of these refugees may be posing as refugees but might be al qaeda or isis terrorists trying to sneak into europe or the united states. what do you make of that? >> well, certainly that's a possibility. you can't dismiss that out of hand. but it's pretty clear the great many of these people are innocent victims of bashar al assad's brutality and cruelty to his own people and they're trying to do what they can to protect their children and protect their families. that's what's really going on here. but certainly, look, you can't dismiss out of hand the possibility that there could be some nefarious characters mixed in with them. one of the reasons that we're so careful with resettlement in the united states is when we're looking at people that are coming from that part of the

world we have to vet them before we can allow them to resettle he here. if you look at the images that that are so heartbreaking, it's clear these people are innocent moms, dads, brother, sisters grandparents trying to escape brutality. >> i want to get back to the refugee crisis that is exploding but i want to get other questions in before you have to run. the "new york times" now reporting a second review found top secret classified information that hillary clinton received while she was secretary of state on her private e-mail server. is that the state department view as well? >> well, we -- our view has not changed on these particular e-mails. we don't believe that classification is warranted. we're working through our analysis of that and we intend to present that to the intelligence community in the coming days to bolster our argument. but, look, this is an interagency discussion, it's good and healthy we have these

discussions, we won't always agree but it's important we continue to talk. >> elise labott, our world affairs correspondent is reporting secretary kerry is about to name what's being described as an e-mail czar to deal with this whole issue of hillary clinton's controversial e-mails. is that right? >> well, i'll have more to say about this at my 2:00 press conference, wolf, but i can safely say that secretary kerry is making sure we are as efficient as we can be in terms of recording, making a record of our work in foreign policy and disclosing as we can through the freedom of information act process the kind of records we need to produce, including these e-mails we've gotten from former secretary clinton. so there's work to be done. the state department is pushing through as hard as we can and i think it's safe to say secretary kerry believe there is's more work to be done, more improvements to be made and i'll

have more to say about that in a few minutes. >> we'll watch that. one final question, scott darden, an american who is now being held by houthi rebels in yemen, apparently two other american citizens are being detained is by the rebels in yemen as well. what can you tell us about their faith? >> well, wolf, i can't comment much on this at all. i've seen the press report bus i'm not able to go into detail. >> we'll watch your state department briefing at the top of the hour. john kirby, thanks very much for joining us. >> my pleasure, wolf. we'll stay on top of other breaking news we're following right now. kim davis, the 49-year-old clerk in kentucky who refused to issue same-sex marriage certificates, she's about to be released from jail. we'll stay on top of this story as well. we'll be right back. it's how i try to live... how i stay active. so i need nutrition... that won't weigh me down. for the nutrition you want without the calories you don't...

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we're following breaking news out of kentucky, kim davis, the county clerk who refused to issue same-sex marriage certificates and she was jailed in contempt of court for refusing to do so even after the u.s. supreme court ruled in favor of same-sex marriage all over the united states. she's now being released. about to be released from jail after a judge ruled her deputy, five of the six deputies she had are issuing those certificates and as a result there's no need any longer for her to be in jail since same-sex couples are allowed to get those marriage certificates now in that county in kentucky. the judge also warning, though, if she interferes in any way now that she is going to go back presumably to her job directly or indirectly with the efforts of her deputy clerks to issue marriage licenses to all legal eligible couples she could be held in contempt. martin savidge is on the scene.

i know mike huckabee, a republican presidential candidate there with you today to show their solidarity with kim davis. he just walked into that facility there, right? >> that's correct, yeah. and in fact about the same time >> reporter: that's correct. about the same time he was walking in, i sent a text message to kim davis' attorney and said when is she coming back? he answered back with one word. "soon." so political drama that could be playing out here as mike huckabee goes inside for what was supposed to be just a meeting. she's anticipating to be set free as a result of the judge's order. most importantly, what will she say when she comes out? because her actions pretty much dictate whether she'll be making this a relatively short, free time that she's away from jail. wolf? >> this judge was very firm in his written order.

he says she shall not interfere in any way once she presumably goes back to her job. ted cruz, the republican senator from texas, another republican presidential candidate is there as well showing solidarity with her. have you seen him? >> reporter: no. but this town never see one presidential candidate and now in a span of a couple of hours they are seeing two of them. the town is being stretched in terms of safety and security forces. they have 11 police officers normally. so trying to assure the safety and now deal with a very evolving situation on the ground, the mayor says you like your community to be known but not necessarily for these reasons. they are doing their best to deal with the situation. wolf. >> martin savidge, thank you.

joey jackson and paul callan are there as well. some of her supporters have compared her to martin luther king. when you hear that, what do you think about her legal arguments? >> well, i think certainly people are entitled to their own views and i think the country is founded upon us being different and there is joy to be found in diversity. however, when you're an office holder and promise to uphold the constitution of the united states of america and don't do so, in essence, i think the legal argument would be made that you're imposing your views on some one else in that you're not issuing licenses that you're demanded to issue and that the law requires you to issue. i think the argument will ultimately be that you have a right to whatever beliefs you have, you just can't impose it upon citizens and, therefore, if you want to have the religious beliefs and are against it, you'll have to step aside from

the office that you're holding upon the public that voted for to you serve. >> presumably she'll be going back to her job and she's got to make a decision. does she order her clerks to stop issuing the same-sex marriage certificates or does she resign from -- she was a democrat. she was democratically elected to the clerk position. >> yes. and through her attorney she's made strong public opinions previously that she is not going to permit marriage certificates to be issued by her office that permit same-sex marriage. so i thought the thing that was very interesting was that i haven't heard that she was called into court and said to the judge that she would no longer obstruct the issuance of marriage licenses for gay couples. i was looking at the actual statute in kentucky and it's kind of interesting, the law in kentucky is that a man and a

woman have to sign an application for a marriage certificate. the law in kentucky also explicitly bans same-sex marriage. by the way, it also bans first cousins marrying each other in kentucky. here we've had the supreme court from it is ruling overruling kentucky law on this and presumably she's supposed to comply with the law of the land. >> paul, when you hear some of her supporters arguing this was a 5-4 decision, the supreme court is not supposed to make the law, they are supposed to interpret the laws and this was inappropriate, what do you say to that? >> well, what i would say to them is article 6 of the united states constitution defines federal supremacy and the concept that federal law takes precedence over conflicting state law. and this doctrine has been established for hundreds of years in the united states, over

100 years. we integrated school systems throughout the south. a lot of people were trying to block that. governor wallace stood on the school steps to block admission. and you know what happened? federal judges aggressively came in and issued orders, held people in contempt and the u.s. constitution was enforced and it's going to happen in kentucky as well. >> all right. so once again, we'll see where this story moves, next, as she's about to be released. her attorneys say she'll be walking out that door soon. that's the word they used in texting. martin, we'll see what she says, if anything, what she does when she's released if she honors this demand, this order -- this order -- by the way, this is video that we saw of hike huckabee walking into that jail. he earlier made a commitment to show solidarity with kim davis.

you see him going in there. let's see if he walks out together with her in the coming minutes. we'll stay on top of this story. that's it for me. i'll be back at 5:00 p.m. eastern. the news continues next right after a quick break. [ male announcer ] eligible for medicare?

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you're watching cnn. i'm brooke baldwin. great to be with you on this tuesday. a lot to talk about this afternoon, including our breaking story. look at these live pictures, grayson, kentucky, moments ago, a federal judge ordered the release of kim davis. you know her name. she's the kentucky county clerk who went to jail a couple of days ago for refusing to issue same-sex marriage licenses. and she has been in this